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Code · REGISTER · 2005-02-14 · PROPOSED RULES · Unknown

Unknown. Affirmation of interim rule as final rule

2,089 words·~9 min read·/register/2005/02/14/05-2798

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2005-02-14.xml --- 70 29 Monday, February 14, 2005 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Potatoes (Irish) grown in— Washington, 7437-7442 05-2743 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Golden nematode, 7379 05-2798 Bonneville Bonneville Power Administration NOTICES Environmental statements; notice of intent:
Klondike III Wind Project Interconnection, OR, 7488-7489 05-2781 Environmental statements; record of decision: Power supply role; regional dialogue, 7489 05-2782 Reports and guidance documents; availability, etc.: Pacific Northwest; BPA's power supply role, 7489-7495 05-2780 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 7507-7508 05-2744 Coast Guard Coast Guard RULES Drawbridge operations:
Minnesota, 7405-7407 05-2797 NOTICES Meetings: National Maritime Security Advisory Committee, 7510 05-2754 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission RULES Commodity Exchange Act: Futures commission merchants and introducing brokers; risk disclosure statement; distribution Correction, 7549 C5-1906 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 7479-7481 05-2749 05-2750 Defense Defense Department See Navy Department PROPOSED RULES National Security Personnel System; establishment, 7551-7603 05-2582 Drug Drug Enforcement Administration PROPOSED RULES Schedules of controlled substances:
Zopiclone; placement into Schedule IV, 7449-7451 05-2884 NOTICES Agency information collection activities; proposals, submissions, and approvals, 7518-7519 05-2760 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 7482-7483 E5-589 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Rehabilitation Long-Term Training Program, 7483-7486 E5-592 Meetings: National Assessment Governing Board, 7486-7487 05-2784 Energy Energy Department See Bonneville Power Administration See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Natural gas exportation and importation:
Abitibi-Consolidated et al., 7487-7488 05-2778 Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Energy conservation: Alternative fuel transportation program— Fischer-Tropsch diesel fuels; status review, 7442-7443 05-2779 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Texas, 7407-7411 05-2791 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Texas, 7455 05-2792 Superfund program:
National oil and hazardous substances contingency plan— National priorities list update, 7455-7458 05-2179 NOTICES Agency information collection activities; proposals, submissions, and approvals, 7496-7498 05-2793 Air pollution control: Citizens suits; proposed settlements— Alcoa, Inc., 7498 05-2794 Toxic and hazardous substances control: New chemicals— Receipt and status information, 7498-7503 05-2790 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Air carrier certification and operations:
Incidents involving animals during air transport; reports by carriers, 7392-7394 05-2755 Airworthiness directives: Airbus, 7384-7389 05-2579 05-2581 BAE Systems (Operations) Ltd., 7390-7392 05-2576 Eurocopter France, 7381-7384 05-2585 05-2587 Raytheon, 7389-7390 05-2577 Class D airspace, 7392 05-2801 PROPOSED RULES Airworthiness directives: Boeing, 7446-7449 05-2762 DG Flugzeugbau GmbH, 7443-7446 05-2765 NOTICES Advisory circulars; availability, etc.: Part 23 airplanes— Avionics installations;
Approved Model List Supplemental Type Certificate guidance and approval, 7542-7543 05-2802 Aircraft: Restricted category special purpose flight operation; glider towing inclusion, 7543 05-2800 Exemption petitions; summary and disposition, 7543 05-2863 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 7503 05-2500 Federal Energy Federal Energy Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Avista Corp., et al., 7495-7496 E5-593 Northeast Energy Associates, LP, 7496 E5-594 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:
Cumberland and Fentress Counties, TN, 7543-7544 05-2764 FMC Federal Maritime Commission NOTICES Investigations, hearings, petitions, etc.: International Shippers’ Association et al., 7503-7504 05-2796 Federal Motor Federal Motor Carrier Safety Administration RULES Civil rights; Title VI procedures for financial assistance recipients, 7411-7414 05-2768 NOTICES Agency information collection activities; proposals, submissions, and approvals, 7544-7545 05-2757 Motor carrier safety standards:
Driver qualifications— Ammons, Henry, Jr., et al.; vision requirement exemption applications, 7546-7547 05-2758 Archibald, Michael D., et al.; vision requirement exemption applications, 7545-7546 05-2756 Federal Reserve Federal Reserve System RULES Availability of funds and collection of checks (Regulation CC): Next-day availability checks and local checks; routing number guide; technical amendment, 7379-7381 05-2674 NOTICES Agency information collection activities; proposals, submissions, and approvals, 7504-7506 05-2740 Banks and bank holding companies:
Change in bank control, 7506-7507 05-2774 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Arroyo toad, 7459-7467 05-2846 Food Food and Drug Administration RULES Food additives: Secondary direct food additives— Chlorine dioxide, 7394-7396 05-2808 Forest Forest Service NOTICES Environmental statements; notice of intent: Shasta-Trinity National Forest, CA, 7468-7469 05-2767 Meetings: Resource Advisory Committees— Southwest Mississippi, 7469 05-2748 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service RULES Procedure and administration:
Testimony or production of records in court or other proceeding, 7396-7401 05-2816 NOTICES Meetings: Taxpayer Advocacy Panels, 7547-7548 05-2813 05-2814 05-2815 International International Trade Administration NOTICES Antidumping: Furfuryl alcohol from— Thailand, 7469-7470 E5-599 Individually quick frozen red raspberries from— Chile, 7472 E5-597 In-shell raw pistachios from— Iran, 7470-7471 E5-596 Stainless steel sheet and strip in coils— Italy, 7472-7474 E5-598 Tissue paper products from— China, 7475-7478 E5-595 Countervailing duties:
Honey from— Argentina, 7478-7479 05-2739 International International Trade Commission NOTICES Import investigations: Digital processors, digital processing systems, components and products containing same; correction, 7513 05-2805 Justice Justice Department See Drug Enforcement Administration NOTICES Privacy Act: Systems of records, 7513-7518 05-2777 Labor Labor Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 7519-7520 05-2789 Land Land Management Bureau NOTICES Closure of public lands:
Montana, 7510-7511 05-2745 Survey plat filings: Idaho, 7511 05-2763 Maritime Maritime Administration PROPOSED RULES Cargo preference—U.S.-flag commercial vessels: Carriage of agricultural exports; withdrawn, 7458-7459 05-2753 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations: Pressure Vessel Inspection Code; incorporation by reference, 7401-7403 05-2746 PROPOSED RULES Outer Continental Shelf; oil, gas, and sulphur operations:
Ultra-deep well drilling; suspension of operations, 7451-7455 05-2747 NASA National Aeronautics and Space Administration NOTICES Environmental statements; availability, etc.: NASA Shared Services Center, 7520-7524 05-2812 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 7524 05-2889 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Vehicles built in two or more stages; certification issues, 7414-7436 05-2751 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 7508-7510 05-2772 05-2773 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings:
New England Fishery Management Council, 7479 E5-590 National Park National Park Service NOTICES National Register of Historic Places: Pending nominations, 7511-7512 05-2741 05-2742 Navy Navy Department NOTICES Environmental statements; availability, etc.: Avon Park Air Force Range, FL; Navy air-to-ground training operations; public hearings, 7481-7482 05-2817 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Dominion Nuclear Connecticut, Inc., 7527-7528 05-2786 Operating licenses. amendments; no significant hazards considerations; biweekly notices; correction, 7528 05-2787 *Applications, hearings, determinations, etc.* FPL Energy Seabrook, LLC, 7525-7527 05-2783 Personnel Personnel Management Office PROPOSED RULES National Security Personnel System; establishment, 7551-7603 05-2582 Postal Postal Rate Commission NOTICES Meetings:
Commission functions and procedures briefing, 7528 05-2809 Presidential Presidential Documents PROCLAMATIONS Trade: Rules of origin; modification under the North American Free Trade Agreement (Proc. 7870), 7609-7630 05-2937 ADMINISTRATIVE ORDERS Government agencies and employees: Railroad Retirement Board; delegation of reporting authority to the Chairman (Memorandum of February 9, 2005), 7631 05-2938 SEC Securities and Exchange Commission RULES Rules of practice: Debt Collection Improvement Act of 1996; implementation— Civil monetary penalties; inflation adjustment, 7605-7608 05-2664 NOTICES Investment Company Act of 1940:
MBIA Global Funding, LLC, 7528-7530 E5-591 Securities: Suspension of trading— Greentech, USA, Inc., 7530 05-2866 Information Architects Corp., 7530 05-2864 Tektron, Inc., 7530 05-2865 Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 7531-7541 E5-588 Philadelphia Stock Exchange, Inc.; correction, 7549 Z5-467 State State Department NOTICES Meetings: Shipping Coordinating Committee, 05-2806 7541-7542 05-2807 TVA Tennessee Valley Authority NOTICES Agency information collection activities; proposals, submissions, and approvals, 7542 05-2766 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration RULES Airline service quality performance reports:
Incidents involving animals during air transport; reports by carriers, 7392-7394 05-2755 NOTICES Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 7542 05-2759 Treasury Treasury Department See Internal Revenue Service RULES Terrorism Risk Insurance Program: Make available provision and insurer deductible definition; technical amendments, 7403-7405 05-2810 Separate Parts In This Issue Part II Defense Department; Personnel Management Office, 7551-7603 05-2582 Part III Securities and Exchange Commission, 7605-7608 05-2664 Part IV Executive Office of the President, Presidential Documents, 7609-7631 05-2937 05-2938 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 70 29 Monday, February 14, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 04-093-2] Golden Nematode; Regulated Areas AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the golden nematode regulations by adding a field in Cayuga County, NY, to the list of generally infested regulated areas for golden nematode. That action was necessary to prevent the artificial spread of golden nematode to noninfested areas of the United States. EFFECTIVE DATE: The interim rule became effective on November 8, 2004. FOR FURTHER INFORMATION CONTACT:
Dr. Vedpal Malik, Agriculturalist, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;
(301)734-6774. SUPPLEMENTARY INFORMATION: Background The golden nematode ( *Globodera rostochiensis* ) is a destructive pest of potatoes and other solanaceous plants. Potatoes cannot be economically grown on land which contains large numbers of the nematode. The golden nematode has been determined to occur in the United States only in parts of New York. The golden nematode regulations (contained in 7 CFR 301.85 through 301.85-10 and referred to below as the regulations) list two entire counties and portions of seven other counties in the State of New York as regulated areas and restrict the interstate movement of regulated articles from those areas. Such restrictions are necessary to prevent the artificial spread of the golden nematode to noninfested areas of the United States. In an interim rule effective and published in the **Federal Register** on November 8, 2004, (69 FR 64639-64641, Docket No. 04-093-1), we amended the § 301.85-2a of the regulations by adding a field in Cayuga County, NY, to the list of generally infested regulated areas. Comments on the interim rule were required to be received on or before January 7, 2005. We received one comment by that date, from a private citizen. The commenter objected to statements in the interim rule's economic analysis that treatment costs are borne by APHIS, stating that it is the taxpayer, and not APHIS, that actually bears those costs. The commenter further objected to the use of taxpayer funds for the golden nematode program, stating that producers should be responsible for the costs of the program. As this comment has no bearing on the action taken in the interim rule ( *i.e.* , the addition of one field to the list of generally infested areas), no changes to the interim rule are indicated. Therefore, for the reasons given in the interim rule and in this document, we are adopting the interim rule as a final rule without change. This action also affirms the information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. PART 301—DOMESTIC QUARANTINE NOTICES Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 301 and that was published at 69 FR 64639-64641 on November 8, 2004. Done in Washington, DC, this 8th day of February 2005. Elizabeth E. Gaston, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 05-2798 Filed 2-11-05; 8:45 am]
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  • 7 CFR 301
  • 7 CFR 301.85
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Affirmation of interim rule as final rule
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